Hemmens v. Bentley

Cooley, J:

The defendant in error sued Hemmens to recover under the statute {Comp. L., ch. 69) for moneys paid to the latter by the husband of the former in the purchase of intox*90icating drinks. The principal question in the case is, whether a previous suit between the same parties was not a bar to this. The circuit court hold it to be no bar.

■ It seems to have been made out that the previous suit was for the same cause of action. It was brought before a justice of the peace, and was tried without a jury, February 21st, 1S74. • The justice states in his docket, that after hearing the proofs…